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Riding a motorbike is usually a fun and invigorating experience. It's something millions of people all over the world love to do. Moreover, whether you ride some of the biggest superbikes in the world or drive a classic chopper, there are risks associated with riding. A motorcycle offers little to no protection in the case of an accident, meaning that motorcyclists involved in accidents will have injuries that are more severe than those of drivers and passengers in other vehicles. You're entitled to financial compensation for your injuries if you've been injured in a motorcycle accident. A personal injury attorney can help you understand your rights, including legal representation during negotiations, court proceedings, and any appeals, file the necessary paperwork and work with experts to build the most robust case possible. According to NHTSA, most fatalities involving motorcycles result when the front of the bike strikes an object. The amount of compensation that you can claim is directly proportional to the severity of your injuries. Let us look at some of the more common injuries suffered by motorcycle riders in New York. Riding a motorbike is usually a fun and invigorating experience. It's something millions of people all over the world love to do. Moreover, whether you ride some of the biggest superbikes in the world or drive a classic chopper, there are risks associated with riding. A motorcycle offers little to no protection in the case of an accident, meaning that motorcyclists involved in accidents will have injuries that are more severe than those of drivers and passengers in other vehicles. You're entitled to financial compensation for your injuries if you've been injured in a motorcycle accident. A personal injury attorney can help you understand your rights, including legal representation during negotiations, court proceedings, and any appeals, file the necessary paperwork and work with experts to build the most robust case possible. According to NHTSA, most fatalities involving motorcycles result when the front of the bike strikes an object. The amount of compensation that you can claim is directly proportional to the severity of your injuries. Let us look at some of the more common injuries suffered by motorcycle riders in New York. Traumatic Brain Injury Traumatic brain injuries occur when there is damage to the brain from a blow or jolt to the head or from an object penetrating it. This causes severe damage to brain cells and nerve fibers, resulting in permanent disability or death. A traumatic brain injury is one of the worst injuries you can sustain in a motorcycle accident. Without a helmet, the risk of sustaining a life-altering injury is increased by 50%. When a bike crashes, the head is thrown forward during impact, and the sudden deceleration causes the rider's brain to bounce around inside his skull. Traumatic brain injuries are classified as mild, moderate or severe depending on the extent of damage to your brain tissue. Mild TBIs do not cause unconsciousness but do cause confusion, disorientation and memory loss. Moderate TBIs can leave you unconscious for several minutes and can cause long-term effects such as impaired thinking and reasoning ability, memory loss and mood swings. Severe TBIs can result in coma and death if not treated immediately after the accident. Spinal Cord Injuries Spinal cord injuries are severe, often life-altering, injuries that require extended recovery and rehabilitation periods. In many cases, the victim's spinal cord injury will never fully heal, leaving them with permanent damage. When someone falls off a motorcycle, they can experience extreme muscle spasms that cause them to fall in unnatural ways, which result in ligament damage and instability of joints in their neck and back. The sudden stop is so intense that the body cannot take the stress. This causes soft tissues and vertebrae to become unstable and tear, resulting in hemorrhaging that leads to paralysis. A motorcyclist may also be pinned or crushed between two objects, causing severe damage to the spine. Depending on the area of the injury, the victim may find that they are unable to walk, cannot use their arms, or cannot move at all. Broken Bones & Fractures Motorcycle accidents can result in broken bones and even serious fractures. Due to their smaller size and lack of protection, motorcyclists are much more likely to suffer broken bones when involved in an accident. Also, if the rider ends up under their bike, there's no way for them to protect themselves from getting crushed by its weight. Wrist fractures often result from handlebars hitting a driver's hands during an accident or a driver trying to brace themselves during impact by putting their hands out in front of them on the pavement. Broken bones can be very painful and cause complications if not treated properly. They can also make it difficult for you to carry out your daily routine, participate in everyday activities or return to work. If you have suffered a broken bone due to a motorcycle accident, you should contact our personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP immediately so we can begin investigating your case and seek maximum damages from the negligent party on your behalf. Road Rash & Abrasions Road rashes are abrasions and lacerations that occur when a person's skin comes into contact with the asphalt or another hard surface during a motorcycle crash. It results from sliding on the pavement after being thrown from a motorcycle. The severity of road rash can vary widely, depending on how fast you rode before crashing and how long you skidded on the pavement before coming to rest. If you have a road rash on your face, there may be swelling and bruising around the area that may be painful to touch. You may also experience bleeding from minor cuts in your skin caused by gravel or other debris. Though road rash is not typically fatal, it can lead to complications, including skin grafts and permanent scarring. It heals over time with antibiotics and bandages, but if the internal pain lasts longer than a day, consult a doctor immediately. Internal Bleeding Internal bleeding occurs when a person’s blood vessels become injured and bleed. If your accident involved another vehicle or if you were thrown from your bike during the wreck, then it’s possible that internal organs could have been damaged. Some people who have experienced internal bleeding may not even realize they have suffered an injury until hours later. Victims may gradually notice signs and symptoms of internal bleeding such as dizziness, fatigue, nausea and vomiting, pain in their abdomen or chest area, pale skin color and cold hands or feet. Internal bleeding can cause serious medical complications if left untreated as it deprives vital organs and tissues of oxygenated blood required for proper functioning. Injuries to the Lower Extremities Motorcycle accidents frequently result in injuries to the lower extremities, particularly the feet and legs. Direct force is applied to the feet and legs during any impact or fall, often resulting in significant bone fractures, dislocations, and torn ligaments. The nature of a motorcycle accident also puts riders at a higher risk of tissue damage or amputation of the lower extremities than in an automobile accident. All motorcycle riders should wear protective gear such as boots with solid soles and shin guards that protect against direct impacts with asphalt and other surfaces in the event an accident occurs. Steps to Take After a Motorcycle Accident If someone was injured or killed in the accident, call 911 right away. If no one was hurt, but there's extensive property damage, call the police so they can come out and file an incident report on what happened. You'll need this report later when filing your claim with your insurance company. Seek immediate medical treatment. Call 911 or go directly to an emergency room so your injuries can be evaluated and treated as soon as possible. This will help ensure that you receive proper care for your injuries, which will help protect your legal rights. It can also help prevent more severe problems from developing if you do not get immediate treatment for certain types of injuries, such as head trauma or broken bones. Exchange contact information with all parties involved in the crash — drivers and passengers — including their names, addresses, phone numbers, insurance companies and policy numbers. Take photos of any visible damage caused by the crash — including any skid marks left behind on pavement or dirt roads — along with photos documenting your injuries. Take photographs of the scene and vehicles involved as soon as possible after the accident. Pictures can help you recall details about what happened during the crash and provide evidence for your claim when it comes time to file a lawsuit against another driver involved in your accident. Avoid speaking with the insurance company. If an insurance adjuster contacts you after an accident, asks questions about what happened or about your injuries, do not give them any information over the phone. The adjuster's goal is to get information that will help reduce their liability and their payout to you. It would help if you spoke with an attorney before speaking with any insurance company representative or giving them any information about your injuries or damages from the accident. Schedule an Appointment with Our NYC Motorcycle Accident Attorneys While motorcycles may be fun to ride and offer a sense of freedom, they also come with inherent risks. If you or someone you love has been injured in a motorcycle accident, you must speak with a skilled motorcycle attorney at Rosenberg, Minc, Falkoff & Wolff, LLP. Our dedicated and experienced legal team will do everything necessary to help you get the financial recovery you deserve for your injuries. We know how stressful it can be when dealing with a serious injury, so we focus on providing compassionate legal assistance while working diligently to resolve your case as quickly as possible. You can trust that we will fight hard on your behalf to recover compensation for your injuries and pain, and suffering. We will work with you every step of the way to ensure that all of your questions are answered and that all options are explored so that we can achieve the best possible outcome for your case. Call us today at 212-344-1000 or contact us online to schedule a free consultation. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Accidents can happen at any time, and they can result in a wide range of injuries based on the nature and severity of the crash. While some injury claims in New York are resolved through insurance policies, others, particularly those involving serious bodily injuries or wrongful death, result in personal injury lawsuits. A large number of personal injury claims are settled outside of court, where the features of average settlements are used to determine a settlement amount. Based on this, since each case is unique and some claims settle for more or less than others, statistics aren't everything when determining your claim value. Knowing how different variables impact your insurance settlement allows you to evaluate your options and make a judicious decision based on your circumstances. The seasoned car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you make an informed decision about the value of your potential settlement based on the circumstances in your specific case. Here's what you should know about New York accident settlements—and how we can help you better estimate the amount of your compensation. Accidents can happen at any time, and they can result in a wide range of injuries based on the nature and severity of the crash. While some injury claims in New York are resolved through insurance policies, others, particularly those involving serious bodily injuries or wrongful death, result in personal injury lawsuits. A large number of personal injury claims are settled outside of court, where the features of average settlements are used to determine a settlement amount. Based on this, since each case is unique and some claims settle for more or less than others, statistics aren't everything when determining your claim value. Knowing how different variables impact your insurance settlement allows you to evaluate your options and make a judicious decision based on your circumstances. The seasoned car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you make an informed decision about the value of your potential settlement based on the circumstances in your specific case. Here's what you should know about New York accident settlements—and how we can help you better estimate the amount of your compensation. Estimate Your Personal Injury Settlement Amount in New York A useful tool to estimate your car accident settlement amount is our New York Car Accident Settlement Calculator. This free tool helps you get a rough idea of what your claim might be worth based on medical expenses, lost wages, property damage, and pain and suffering. Simply enter your details above to calculate your potential settlement amount instantly. For a more accurate evaluation of your case, contact our experienced legal team today. Call us at 212-344-1000 or fill out our online contact form to get started with a free case evaluation. Average Personal Injury Settlement Amounts in NYC A personal injury settlement depends on several factors, including how severe your injuries were, how responsible the other party was for causing your injuries, and what type of damages you suffered. While the typical personal injury settlement amount is $50,000 to $500,000, this is really just a rough guideline and can be highly variable. It is also important to note that an average settlement calculator isn't always accurate because it fails to account for all the variables that determine settlement value in a car accident or other personal injury case. If you or a loved one were injured in an accident, you should evaluate your options and speak with a profound and proven personal injury attorney before taking any action. When the injuries are catastrophic or involve an egregious level of negligence of the at-fault party, extraordinary damages may be expected. Settlements could reach up to a million dollars or more in these cases. A committed and capable NYC personal injury attorney can help you navigate your claim through the justice system and ensure you receive a fair compensation. Factors Determining a Personal Injury Payout One particular challenge in figuring out what your settlement might be like is that each new case is individual and distinct. This means there isn't a formula to follow or specific benchmark numbers that can be used as guideposts. When insurance is involved, things tend to get complicated, meaning it is tough to predict how much a case might conclude. Certain factors that go into determining the settlement value include: Physical Suffering: The most obvious factor is the severity of your physical injuries. The more serious they are, the greater your payout will be. For example, it can be challenging to return to work if you suffer brain damage. The longer it takes for you to become fully functional again, the more money you'll need from a settlement or jury award to continue living comfortably while recovering from your injuries. Mental Anguish: Mental anguish refers to emotional distress resulting from a physical injury. It includes symptoms such as depression and anxiety that may persist after treatment has ended. In some cases, the pain associated with a personal injury may be so severe that it's impossible to put a price tag on them. These damages are often difficult to quantify and may require expert testimony by a psychologist or psychiatrist who has treated the plaintiff after the accident. Financial Hardship: If you've lost wages because of your injury, this can significantly affect how much money you'll obtain from a settlement for your life to get back on track financially. The higher your income level before the injury, the more money it's likely to take to recoup those losses. The amount of money you're entitled to after a personal injury case is determined by how your claim is valued. Generally, the greater the injuries and damages, the more money you can expect. Due to the wide variety of circumstances that can lead to a personal injury claim, there is no set figure for what constitutes a reasonable settlement offer or a bad one. Average Settlement for a Catastrophic Injury Claim in New York City Catastrophic injuries are a form of damage that is beyond the scope of typical damages for a personal injury claim. They include serious, life-changing injuries that often result in permanent disability or death. What can be recovered with a catastrophic injury claim depends on the quality and strength of your evidence, the extent & severity of your injuries, whether the accident was due to negligence, and the extent of any permanent injuries suffered as a result of the accident. In general, $750,000 to $1.5 million worth of damages may be recoverable in catastrophic injury claims in NYC. Common Types of Catastrophic Injuries Brain Injury: These injuries can range from mild concussions to severe brain damage and even death. A traumatic brain injury can cause temporary or permanent loss of memory and cognitive problems such as difficulty concentrating and thinking clearly. Spinal Cord Injury: The spinal cord is a vital part of the body as it connects all parts of the nervous system with the brain. When it is damaged, it affects your motor skills and sensory abilities. Amputation: It refers to the process of removing any part of your body due to injuries or infections. In some cases, it may result in loss of limbs or even death if not treated properly. Burns: Burns are caused by exposure to heat or chemicals that damage skin tissue resulting in wounds that range from first-degree burns that only affect the outermost layers of skin to third-degree burns affecting deeper layers of skin. Impact of Catastrophic Injuries Physical pain and discomfort Emotional stress, such as depression, anxiety, or post-traumatic stress disorder (PTSD) The loss of independence, including the inability to perform basic daily tasks Loss of income due to time away from work and reduced productivity on the job The cost of a catastrophic injury can be staggering. In addition to medical bills and lost wages, you may have to pay for rehabilitation, physical therapy and other therapies that can keep you active and independent. Insurance will cover some of these costs, but not all of them. For example, many insurance policies have limits on how much they will pay out throughout a lifetime. If your injuries are so severe that they'll require expensive care throughout your life, you may find yourself paying for those services out-of-pocket or not receiving them at all. In such situations, getting compensated for the lifetime of damages is necessary. Even if you’re saved from death by the costliest healthcare, you may still lack the financial support to cover life-altering expenses. Having an accomplished catastrophic injury lawyer in your corner can make the difference between getting what you deserve and being under-compensated. Merits of Strong Legal Representation The majority of personal injury cases are settled out of court. Stemming from this, if they do go to trial, it can be a long and expensive process. If you're considering a lawsuit, you need a personal injury attorney with extensive experience negotiating fair settlements. Not only can a personal injury lawyer help increase your chances of winning, but they also significantly improve your chances of securing a higher settlement or award. A personal injury attorney can gather evidence and recruit experts who can testify on your behalf in court. The highly skilled legal team at Rosenberg, Minc, Falkoff & Wolff, LLP has built a reputation for excellence by providing clients with exceptional representation, aggressive advocacy, and compassionate service. Achieving success on behalf of each client is our number one priority, which is why we take the time to get to know each client's goals and objectives before crafting an effective strategy for achieving those goals. We believe every case deserves individual attention to ensure that it receives the care and attention it deserves. To this end, we offer free consultations so that you can fully understand your options before deciding how best to proceed with your case. Talk to Our New York Personal Injury Lawyers Today While many personal injury cases settle before trial, some do not. When you find yourself or a loved one amid a life-changing personal injury, call Rosenberg, Minc, Falkoff & Wolff, LLP to guide you through the legal process. Our unique blend of skill and experience has led to millions of dollars recovered for our clients, and we have the compassion and drive to do the same for you. We handle all aspects of a personal injury case from start to finish. We listen to every detail of your case, investigate all facts thoroughly and negotiate with insurance companies on your behalf. Our goal is always to get you the best possible settlement or verdict without going to trial. Furthermore, if your case does go to trial, our attorneys are prepared with years of experience in this area of law. We know how insurance companies think and how they negotiate so that we can maximize your recovery during negotiations while also protecting your rights as an injured person. If you have questions about how we can help with your injury claim or if you would like more information on how we work, don't hesitate to get in touch with us at 212-344-1000 or fill out this online form. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Pedestrian accidents in New York don’t always involve motor vehicles. They can also occur because of a negligent cyclist crashing into a pedestrian. Suing a bicyclist for financial compensation can be more complicated than filing a personal injury lawsuit in a motor vehicle collision. Unfortunately, many bicyclists in New York City flout the rules of the road. Every year a large number of pedestrians report injuries after they were hit by a bicycle. Pedestrians are also required to follow the rules of the road, which will mean you need a diligent New York pedestrian accident attorney to successfully pursue a claim for damages. Pedestrian accidents in New York don’t always involve motor vehicles. They can also occur because of a negligent cyclist crashing into a pedestrian. Suing a bicyclist for financial compensation can be more complicated than filing a personal injury lawsuit in a motor vehicle collision. Unfortunately, many bicyclists in New York City flout the rules of the road. Every year a large number of pedestrians report injuries after they were hit by a bicycle. Pedestrians are also required to follow the rules of the road, which will mean you need a diligent New York pedestrian accident attorney to successfully pursue a claim for damages. A Bike Rider’s Responsibilities in New York Bicycles are treated the same as motor vehicles under New York law. This is why cyclists are required to follow the same rules and responsibilities as vehicles. Bike riders are required to: Use the designated bike lane while riding on the road. They are not supposed to use the sidewalk or the crosswalk. Cyclists are required by law to use hand signals while stopping or turning They should stop at stop signs and red lights Bicyclists need to obey all traffic signals Cyclists are required to yield the right of way to pedestrians as well Bicyclists are responsible for the traffic accidents and subsequent injuries they cause Steps to Take Following Pedestrian Bicycle Accident Pedestrians can report their accident to the emergency services and police because cycles are treated the same way as cars legally. You should get emergency medical treatment if you were injured seriously when you got hit by a cyclist. You should not hesitate in calling 911 if you were hit by a cyclist and suffered severe injuries. You should try to get the cyclist’s contact information. Ask witnesses for their name and phone number as well. The bicycle rider may ultimately be held legally responsible for the injuries caused. You may need to take them to court. In any case, you should stay in touch with them. You will need to know their name, address, and phone number. This will be required by your attorneys as well to get in touch with the cyclist. Witnesses are useful since they can testify in court. You can negotiate better with the insurance companies when you know you have other people corroborating the same turn of events. Police can gather this information for you if you were knocked unconscious or are incapacitated due to the accident. You should know that cyclists don’t necessarily have insurance for covering accidents, unlike car drivers. In relation to this, the cyclist could be working for someone when the accident occurred. For instance, you may be hit by a bicycle courier, delivery person, or a cyclist riding as part of their job. You can sue the employer in such instances. You need to obtain the contact information for the employer, whether it is a parcel delivery service, food delivery service, or restaurant. Make sure you seek medical treatment for all your injuries, even if they don’t appear that serious. It is important to maintain a record of your injuries and medical care to prove their severity and how your recovery progressed. It also helps in proving how much the injuries cost you monetarily. You should consider maintaining notes of your injuries, treatment, recovery and pain. Assigning Fault in a New York Bicycle Injury Lawsuit Everybody owes each other a duty of care while on the road. This includes both pedestrians and cyclists. New York is a no-fault state. Furthermore, you should still have enough evidence for suing the cyclist if they don’t have no-fault coverage. New York is also a comparative negligence state, in which more than one entity can be held liable for contributing to a collision. If a cyclist caused an accident in which they were riding recklessly, they will be held as at-fault. Likewise, if the pedestrian caused an accident because of jaywalking, they will not be able to receive full compensation for covering the damages. You should consult with an experienced personal injury attorney before you take any concrete steps. A skilled attorney will be able to help identify all responsible parties and place blame where deserved. Bicyclists are required to stop and yield the right-of-way to pedestrians as per New York City traffic laws. This is especially important for crosswalks. They are required to obey all traffic lights and signs. Cyclists must use bike lanes wherever available. Most cyclist/pedestrian collisions take place in city parks. Hundreds of miles of cycling lanes were added to these parks in recent years. Unfortunately, many cyclists choose not to use the lanes. They also go faster as compared to city streets, making the collision results even more catastrophic. Assigning fault following a bike crash is more complex as compared to a car crash. Insurance companies generally compare the parties’ duty of care for assigning fault. As per the duty of care doctrine, you are responsible if you indulged in acts and activities that potentially harmed another person. Pedestrians and cyclists are both required to exercise proper safety precautions for preventing the crashes. Accidents usually occur when someone violates their duty of care. Suing Cyclists in New York as an Injured Pedestrian Your only chance at recovering compensation for injuries may be to sue the bicyclist in court since insurance carriers don’t typically cover cyclists. Personal injury lawsuits can help you recover compensation. These are filed when another person is liable for the injuries caused to the victim because of negligence. Negligence can be described as the failure to use proper skill or care when performing a task. Negligence is a legal theory while filing a lawsuit. It allows the victim to recover compensation for the injuries and damages suffered. You would need to prove the following to establish negligence: Duty of care was owed by the cyclist. For instance, the cyclist owed a duty of care to follow the road rules and drive with proper skill and care. The duty of care was breached by the cyclist. For instance, they may be riding recklessly, in violation of traffic laws, or too fast for safety. The breach resulted in injuries. The injuries suffered by you can be compensated through financial compensation. There is no denying the fact that cyclists crashing into pedestrians is not as common as vehicular accidents. With that said, witnesses and police rarely ever consider these collisions as serious as car crashes. Courts tend to take all matters of injuries seriously. This is particularly true in the case of severe injuries, such as spinal cord injuries or traumatic brain injuries. You should consider speaking with a proven personal injury attorney in New York to discuss your case and identify whether you have a potential suit. Common Pedestrian Injuries in a Crash with a Bicycle Cyclists may not go as fast as cars, but they can cause serious damage if they crash into a pedestrian. Accidents and injuries can take several forms, especially if the rider was going at unsafe speeds. These are a few common types of injuries from pedestrian/cyclist crashes: Fractures in all body parts Severe bruising Concussions Internal and external bleeding Head injuries Spinal damage Broken collar bone Everyone has a duty to keep their fellow roadway users safe. It is the responsibility of both pedestrians and cyclists to remain aware of their surroundings and behave in a safe manner. It’s fundamental that the injured discuss their lawsuit with a practiced pedestrian attorney when involved in a crash. Recoverable Damages after Your Pedestrian Accident with Bicyclist in New York City These are a few types of compensation or damages that can be recovered following a pedestrian accident: Rehabilitation costs Medical expenses (present and future) Loss of earning capacity Future lost income Pain and suffering Family members of a pedestrian that died because of the injuries can file a wrongful death lawsuit as well. However, the statute of limitations is two years from the date of death. What to do if the Bicyclist Doesn’t Have Bike Insurance? Insurance is not mandatory for bicyclists as it is for cars, buses and motorcycles. Many victims think they cannot recover damages if the cyclist doesn’t have insurance. Correlating with this, you can always claim from an umbrella or home insurance. You can file a lawsuit against the cyclist to claim compensation through wage garnishment as well. If the cyclist hit you while riding for their employer, you can claim compensation from the employer. This can be a food delivery service, parcel delivery service, or any other service. There is not much you can do if the cyclist hits you and flees the accident scene. You should speak with an experienced pedestrian accident attorney if this happens with you. The attorney may have a team of investigators for locating eyewitnesses and the perpetrator. They would be able to seek insurance information for helping the victim obtain the compensation they deserve. Contact a Pedestrian Accident Lawyer in New York City Today You should consult with a skilled and experienced personal injury attorney at Rosenberg, Minc, Falkoff & Wolff, LLP if you or a loved one was seriously injured in a pedestrian accident because of a reckless or negligent cyclist. We can discuss your best legal options after reviewing your claim during a free initial consultation. To schedule your free and confidential consultation with our dedicated attorneys, give us a call at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Accidents happen, and when they do, the last thing you want to be dealing with is insurance and DMV paperwork. Whether it's a fender-bender or something more serious, accidents are typically reported to your local DMV location. And while it may seem like an inconvenience and a hassle at first, doing so will allow you to minimize your risk of being held responsible for more than you should be. If you're unsure about anything related to the accident, like who was at fault or whether you can claim damages for the injuries you sustained, we are here to advise you on the best course of action. For a free consultation with one of our New York City car accident lawyers, call us today at 212-344-1000 or contact us online. Accidents happen, and when they do, the last thing you want to be dealing with is insurance and DMV paperwork. Whether it's a fender-bender or something more serious, accidents are typically reported to your local DMV location. And while it may seem like an inconvenience and a hassle at first, doing so will allow you to minimize your risk of being held responsible for more than you should be. If you're unsure about anything related to the accident, like who was at fault or whether you can claim damages for the injuries you sustained, we are here to advise you on the best course of action. For a free consultation with one of our New York City car accident lawyers, call us today at 212-344-1000 or contact us online. If you don't know whether or not you should file a report with the DMV in New York, consult an injury attorney at Rosenberg, Minc, Falkoff & Wolff, LLP. We're one of the oldest and most distinguished personal injury law firms in New York. Our auto accident attorneys are familiar with the DMV laws in New York and we can tell you what kind of information you need to include in your report. New York State DMV Reporting Requirements In New York State, if you are involved in an accident causing damage to property or another person's body in an amount exceeding $1,000, you must file a report within 10 days. The NYS DMV is the state government agency that oversees the issuance of driver's licenses and vehicle registrations for all New York State. To notify the DMV after a car accident, you must fill out an MV-104 form. If a crash causes less than $1,000 in property damage, the parties involved only have to exchange information and file with their insurance providers. If the accident involves a parked car, the owner has to be informed of the damage or else it has to be reported to the police. How to Get the Accident Report from the Police? Step 1: Go to the police station where the accident took place. You can find a list of all the precincts in New York City on the NYPD website. If you're not sure where the precinct is located, search for "X Precinct" on Google and add your location, and you'll get the information in seconds. Step 2: Talk to an officer. Tell them you would like a copy of your accident report and provide them with your full name, date and place of birth, driver's license number and insurance provider's name (if applicable). You must also have your valid driver's license or photo ID. Step 3: Pay the fee. There is a $10 fee for searching the copy and $15 for obtaining the report. The New York DMV also offers online services that allow you to obtain accident reports from the police for a search fee of $7 and an additional $15 for getting the report. To locate your report using the date and county where the accident occurred, use List Reports on File by Date. You will see a list of vehicles involved in accidents in that county on that day. This can be a free limited search. Filing the Accident Report The New York State Motor Vehicle Accident Report is a legal document used to file an insurance claim. The report serves as proof of the accident, and it helps insurance companies determine fault. When filing your accident report, the following factors should be included: Elements of the Accident Exact Location Itemize Damages License numbers of all parties involved in the accident Any witnesses to the accident Name, address, and phone number of injured parties Name, address, and phone number of owner/driver of any vehicle involved in the accident Elements of a Police Report After a car accident, you may be involved in a police report. It helps determine what happened during the accident and who should have been held accountable for the accident. It includes crucial information like: The events leading up to the accident. This can include weather conditions, road conditions and visibility. The damage that occurred during the crash. This can include injuries sustained by passengers, pictures of the damage done to vehicles and property damage done on-site of the collision. The statements given by those involved in the crash. This can include driver statements, passenger statements and witness statements. Copies of all documents such as medical bills or repair estimates that were submitted during your claim process may also be included, How long it took for emergency services to arrive at the scene of the accident. Details about citations issued to drivers. Any other relevant detail of the accident. The DMV Accident Re-examination Program The New York State Department of Motor Vehicles (DMV) has a program for re-examining drivers involved in accidents and are unsafe to drive. This law applies to you if: You have been involved in three or more accidents in the last eighteen months that were reported to the DMV. You have one accident report on file with the DMV, and your license was suspended, revoked, or you had a conditional or restricted license within the last three years. You are charged with a moving violation related to an accident. A judge orders that you take an accident prevention course. Steps To Take After a Car Accident in New York City When you get into a car accident, you're likely to be shaken and upset. Here's what you should do immediately after the accident: Call the police. If there was significant damage to your vehicle or anyone else's, or if anyone was injured, you need to call the police immediately. Many insurance companies will require police reports before they will process claims. If you're injured, seek medical help immediately. Even if you think you have no injuries sustained, a significant car collision can cause damages to your body that can appear after a few days of the accident. Seeking immediate medical attention would avoid problems with the insurance company. Report the accident to your own auto insurance company right away. Even if the other person seems like they'll take care of everything themselves, contact your own insurer, so they don't cancel your policy or raise your rates because you didn't report it immediately after the accident. However, speak with your injury attorney before speaking with the insurance company. Take photos of the damage to both vehicles and any property damage that resulted from the accident, such as broken streetlights or damaged stop signs. Also, take pictures of the skid marks left behind by both cars, as this can help prove who caused the accident. Exchange information with everyone involved, including their insurance companies, driver's license numbers, and contact information. You may also want to exchange your insurance information with them. Once the police investigate the accident scene and file the accident report, obtain the report and file the accident with the DMV. Next, consult an injury attorney. An experienced personal injury lawyer can help guide you through the process and advocate for you during negotiations. How our Personal Injury Attorneys will Investigate Your Accident? A thorough medical evaluation and diagnosis may be covered by the insurance company after an auto accident. Based on this, the complete costs of such evaluation and any subsequent treatment are not always covered by the other party's insurance company. This is where our competent attorneys can help. We can help you obtain payment from your own insurance company for this portion of the bill. If there is inadequate coverage from your policy, our attorneys can negotiate on your behalf to get coverage from the at-fault driver's insurance company. Our accident lawyers will work hard to help ensure that your injuries are taken care of properly and that you can receive the maximum compensation for all the damages and losses sustained. Our legal team has extensive experience in handling car accident injury cases, and we know how to negotiate with the negligent parties and their insurers to obtain maximum compensation for our clients. Schedule a Free Evaluation with Rosenberg, Minc, Falkoff & Wolff, LLP In the event of an auto accident, you will have to file a report and have it recorded by the DMV in New York. This is required by law. You may have heard that you do not need to file a report if no police are called to the scene if you have no injuries or damages. While this may be true in some cases, chances are you will still be required to fill out an accident report. Our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can assist you in this process to ensure your right to compensation is fully protected. After an auto or motorcycle accident, there are a lot of issues to deal with, from doctor appointments and paperwork to insurance claims and legal filings. Our attorneys will ensure that you don't have to face these things alone. We'll negotiate on your behalf with insurance companies so that you get the best outcome for your personal injury claim. Set up your free consultation with one of our car accident attorneys by calling us at 212-344-1000 or contact us online. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Bicycling to and from work is becoming an environmentally friendly and common alternative to carpooling or driving a vehicle. Students use bicycles as well for getting to school or around their neighborhood. Unfortunately, bicyclists are at a high risk of personal injury because of a lack of protection. In 2017, nearly 800 cyclists suffered fatalities as per data revealed by the National Highway Traffic Safety Administration (NHTSA). Bicycling to and from work is becoming an environmentally friendly and common alternative to carpooling or driving a vehicle. Students use bicycles as well for getting to school or around their neighborhood. Unfortunately, bicyclists are at a high risk of personal injury because of a lack of protection. In 2017, nearly 800 cyclists suffered fatalities as per data revealed by the National Highway Traffic Safety Administration (NHTSA). The number will likely increase in the coming years as more people adopt cycling as an alternative mode of transportation. Cyclists should be aware of the risks they face when biking for pleasure or work. They should also be aware of their legal rights if those risks become a reality. Consulting a competent bicycle accident attorney in New York City can help you understand the various ways you can receive adequate compensation for your personal injuries. Right to Sue for Personal Injuries After Bicycle Accidents in New York New York has passed the no-fault law that limits the right to sue following an auto accident. However, the law makes PIP benefits available to the insured regardless of negligence or fault. These laws typically prevent suing for noneconomic losses unless certain criteria and thresholds are met. Exceptions include cases involving serious injuries. Generally, serious injuries include compound fractures, significant disfigurement, full disability for a minimum of 90 days, and permanent or significant limitation of organs and bodily functions. These injuries generally carry noneconomic losses that are not covered under PIP benefits. Based on this, compensation for these can be claimed. You may have the right to sue in general if you don’t have an auto insurance policy that covers your injuries. Without auto insurance you cannot cover your medical expenses. You would need to seek compensation from the negligent parties and their insurance company. PIP benefits of the liable party will be used for paying for your damages and losses in this case. No-fault insurance is not applicable in cases where a neglected or damaged roadway, or a defective cycle caused the injuries. You would need to pursue a lawsuit against the township, city, or municipality that neglected to maintain the road, or the designer or manufacturer of the defective bicycle. In such claims, the cyclist is responsible for proving their injuries are a direct result of negligence on part of the at-fault party. An injured cyclist is eligible to recover both economic and noneconomic damages. It is not easy to pursue a case against the municipality, township or city. For starters, you only get 90 days from the injury date to initiate the claim. These claims require investigative work in the form of obtaining video evidence, determining the duration and extent of hazardous road conditions, and identifying if any other similar accident took place because of it. In a similar manner, there is tremendous leg-work in pursuing a product liability lawsuit as well. Pre-litigation investigation will include consulting with design experts and engineers for testifying to the negligence involved in manufacturing, designing, or assembling the parts. Determining Fault in a Bicycle Accident in New York City New York court system follows a pure comparative fault model for determining compensation and judging liability under NY CPLR § 1411. This means that a judge will analyze the actions of the defendant and plaintiff for determining proportional liability. The plaintiff’s compensation will be reduced by the proportion of liability for the accident. You may be eligible to receive 1% of the compensation amount to cover economic and noneconomic losses even if you are found to be 99% at fault. The court will consider the following factors for determining liability in a cycling accident: Was either the cyclist or driver negligent in their duties of reasonable care owed to one another? Was the accident because of human error? Was either the cyclist or the driver under the influence of drugs or alcohol at the time of the accident? Were both the bicycle and vehicle maintained properly? Were there any defects in the bike or car that was not known to the operator? These factors majorly relate to negligence or recklessness on behalf of the driver or cyclist that may be considered as a primary cause for the accident and injuries sustained. Benefits of Hiring a Bicycle Accident Attorney in New York You should get in touch with a profound and reliable bicycle accident lawyer in New York if you or a loved one was injured because of the fault of another. It is routine for at-fault drivers and their insurance carriers to deny injured bicyclist fair compensation. They may claim that your injuries are not “serious” enough within the purview of law. Committed NY cycle accident attorneys know how to fight back for ensuring that their injured clients receive timely and fair compensation to be made whole again. Don’t allow insurance adjusters and companies to tell you the worth of your case. At the same time, you should know that all serious cycle injuries are not caused by vehicles. The best thing you can do is to consult with a capable New York personal injury attorney immediately after suffering injuries in a cycling accident. This will allow them to begin work on your claims process right away to increase the likelihood of the best possible outcome. Common New York Bicycle Accidents There are several types of accidents that can occur on the roadways. The most dangerous and common form of accidents involve a truck or a motor vehicle of some kind. These are a few types of bicycle accidents on NY roadways: 1. Dooring accidents These accidents occur when a vehicle occupant doesn’t check for oncoming cyclists and pedestrians before opening the door. The sudden opening of a door may cause the cyclist to swerve away and hit another vehicle, or to crash into the door. They may get launched into the air and suffer serious injuries. 2. Left-cross accidents Drivers that aren’t used to sharing a road with cyclists will forget to check behind them and only focus on oncoming traffic while making a left-hand turn. This may cause a cyclist to crash into the vehicle. 3. Right-hand accidents Majority of drivers forget to check for cyclists. They may misjudge their position and make right-hand turns. This may block the way of the cyclist causing them to crash into the vehicle. The risk of injury in right-hand accidents is more as compared to left-cross accidents because cyclists are expected to stay on the far-right side of traffic. 4. Right-cross accidents Such accidents take place when drivers don’t check for cyclists before pulling out of an alley or driveway. This causes a right-angle collision with the cyclist. The vehicle may back or drive into a cyclist. The cyclist may also end up crashing into a car that pulls out in front of them. 5. Rear-end accidents The way a car can rear-end into other cars is the same way it can rear-end a cyclist. The difference is that injuries are far more severe when a car rear-ends into a cyclist. This is because protection offered by a bike is negligible as compared to a metal vehicle. 6. Hit and run accidents This is the broadest category of cyclist accidents. It covers almost every collision type with the same outcome. The driver flees the scene of the accident. Generally, hit and run accidents occur because of driver negligence, which is why they end up fleeing the scene. Alcohol and drugs are commonly involved. Bicycle accidents can also happen without involving a car or any other vehicle. Another party would be held liable in such injuries. For instance, a homeowner or a storekeeper may keep something that obstructs the bike path. This may result in the rider swerving and crashing into a tree, fence, or another object. Typical Injuries in Cycling Accidents Personal injury suffered as a result of bicycle accidents are wide ranging. These are a few common injuries that become apparent following an accident: Broken arms and legs Wrist and hand injuries Joint dislocation Elbow fracture Spinal cord injury Jaw and dental damage Traumatic brain injury Nerve damage Bruises Cuts Skin abrasions Of course, any medical condition may arise because of cycling accidents. Some injuries are more obvious than others. You should seek a medical professional for an examination after any accident you are in. It is vital that you get checked for both external and internal injuries. A skilled personal injury attorney can assist you in judging whether your injuries warrant a claim or not. They will analyze your individual circumstances for understanding the parties that can be held liable for your injuries. They will ensure you receive proper compensation through litigation and negotiations. Contact a Dedicated and Resourceful Bicycle Accident Attorney in New York City Today The proven and experienced New York City attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help if you or a loved one was injured in a bicycle accident. We have helped many New Yorkers obtain maximum compensation for their injuries and losses in bike accidents. We can begin work on your case right away. Exhaustive and early investigative effort is crucial for the best possible outcomes. Schedule a free, no-obligation appointment with us today by calling at 212-344-1000 or just fill out our online contact form. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

A T-bone car accident can have devastating consequences for the victims. Even if the colliding vehicles were moving at a relatively moderate speed, the impact can be forceful and cause extensive damage and serious injuries. When you have been the victim of a T-bone car accident, it is vital to determine who is liable for your injuries and losses, and pursue a personal injury case for compensation against them. At Rosenberg, Minc, Falkoff & Wolff, LLP in New York, we represent victims who have sustained injuries in T-bone accidents. Our highly rated T-bone accident attorneys in NYC will use their experience to speed up your case and get you the maximum compensation you deserve. A T-bone car accident can have devastating consequences for the victims. Even if the colliding vehicles were moving at a relatively moderate speed, the impact can be forceful and cause extensive damage and serious injuries. When you have been the victim of a T-bone car accident, it is vital to determine who is liable for your injuries and losses, and pursue a personal injury case for compensation against them. At Rosenberg, Minc, Falkoff & Wolff, LLP in New York, we represent victims who have sustained injuries in T-bone accidents. Our highly rated T-bone accident attorneys in NYC will use their experience to speed up your case and get you the maximum compensation you deserve. What is a T-Bone Accident? A T-bone accident is an intersection collision where the driver of a vehicle collides with the side of another car. It is named so because the "T" shape formed by connecting the front and back of two cars is similar to the image of two sides of beef T-bones connected at the spine, or keel bone. Because T-bone accidents typically occur on busy city streets and intersections, they tend to involve multiple vehicles and can be especially dangerous for pedestrians and other motorists. The lack of structural support on the sides of cars means that occupants are vulnerable to serious injuries like broken bones, organ damage, and brain trauma. Even a fatality can occur in this type of an accident when the impact is severe enough. After any kind of car accident that causes injury or death, it is essential to consult with an attorney who understands how to document and prove liability of the negligent parties. Causes of T-Bone Accidents in New York City Most side-impact crashes in New York City occur at intersections with one vehicle failing to stop or yield. For example, if you are driving eastbound on the street with two westbound lanes and wish to turn left (north) at an intersection, you must first merge into the left westbound lane. If you try to cross both lanes at once, you could get hit by westbound traffic in the right lane. Anyway, this type of crash can occur anywhere and is not limited to intersections. Other factors that could contribute to side-impact collisions include: Driving Under the Influence: Drunk drivers often have slow reaction times and cannot correctly judge distances between vehicles. When they attempt to overtake or pass, they may misjudge the speed of oncoming traffic and collide with it. Speeding: This can make it difficult for drivers to stop in time when approaching an intersection. If another vehicle is entering from the side, it may be too late to avoid a collision. Distracted Driving: When drivers take their eyes off the road, they may not be able to react quickly enough when another driver runs a red light or stop sign and enters their lane. Common forms of distracted driving include texting, eating, grooming, using a GPS or talking on a cell phone while driving. Incorrect Judgment: Incorrectly judged gaps in traffic are another common cause of side-impact collisions. This can occur when a driver attempts to squeeze into an opening in traffic that is too small. It can also happen when drivers change lanes without considering the speed of approaching vehicles. Unsafe Lane Changes: A driver who does not use their turn signal when changing lanes may cause an accident if another driver does not see them coming. A driver following too close to the vehicle in front of them may fail to stop in time before hitting a car that suddenly turns in front of them. Drivers who improperly merge into traffic may also cause T-bone accidents if they do not take proper care when moving into a new lane. Road Hazards: Potholes and poor weather conditions can cause drivers to lose control of their vehicles and strike other motorists. Moreover, construction zones sometimes fail to provide proper warnings about dangerous conditions and limited visibility. Injuries Caused Due to New York T-Bone Accidents In a typical T-bone accident in New York, the front end of the striking vehicle impacts the door of the victim's vehicle. The force of impact usually causes the driver and passenger in the victim vehicle to suffer severe injuries because they have no time to brace themselves. Here are some common injuries caused by a side-impact crash: Traumatic brain injury occurs when the head impacts either the steering wheel or windshield. It can also happen if the head becomes violently ejected and comes into contact with another part of the vehicle. The sudden stop that occurs in a T-Bone accident can cause the neck to be thrown forward and back quickly. This is called whiplash, and it can cause severe pain and symptoms for months after the accident. Broken bones: Since there are multiple points at which impact can occur during this type of crash, various kinds of broken bones may occur. The legs, arms, wrists, and ribs are all commonly fractured or broken in these types of accidents. Internal bleeding: Any sudden blow to the body may cause internal bleeding within organs, muscles, or other soft tissues inside your body. Injuries suffered in these accidents are most often very serious. Some victims require extensive medical care and rehabilitation, and some may require prolonged hospitalization. On top of this, some may require intensive physical therapy and occupational therapy to regain function, and some may have permanent disabilities. Establishing Liability in a T-Bone Accident New York City has hundreds of red-light cameras at busy intersections within the five boroughs. These are usually in or near significant, multi-lane streets that experience large amounts of traffic. When a driver runs a camera-monitored red light, the device snaps photographs of the reckless driver and the traffic signal before and after entering the intersection. The resulting images may illustrate not just the driver but also the intersection in one frame. If both drivers claim to have had a green light or stop sign when they entered the intersection, it is necessary to examine traffic camera footage from the surrounding areas. Under the legal definition of negligence, a driver must reasonably operate their vehicle. This means following posted speed limits, coming to a complete stop at a stop sign, yielding the right-of-way when necessary, and obeying traffic lights. If an accident occurs because a motorist has violated these road rules, they will likely be held liable for any damages caused to the other parties. If one of the motorists was driving recklessly, such as speeding or following too closely, they might be found liable, even if they had the right-of-way. If both motorists were driving recklessly and contributed to the accident, both may be held accountable for their respective percentages of fault. The roadway conditions at the time of your crash may also influence liability. Was there a dangerous pothole or other road defects that caused you to swerve into oncoming traffic? If so, your local government agency responsible for maintaining that roadway may be held liable. The same can be said if faulty traffic signals caused your accident. Establishing liability in a T-bone accident in New York City is a matter of determining which driver failed to exercise the proper care and caution required for the safe operation of a motor vehicle. If you have been injured in a T-bone accident, it is crucial that you consult our experienced car accident attorneys, especially if it appears that the other driver at fault is disputing any responsibility What Should You Do After Getting Involved In A Side-Impact Collision? Obtain appropriate medical treatment as soon as possible. Some injuries are not apparent and may take time to develop symptoms. So, seek medical assistance immediately. Do not leave the accident scene until law enforcement arrives and releases you. Take videos and pictures of your car, their car, and the site of the accident. Obtain details of the other driver's license, license plate number, insurance company, and policy number for all drivers involved in the accident. Get names, addresses, phone numbers and email addresses of all drivers and passengers involved in the accident. If possible, get contact information from any eye witnesses. Obtain a copy of the police report from the law enforcement agency that responded to your accident. Schedule an Appointment with Seasoned T-Bone Accident Attorneys in New York City When you have been injured in a New York T-Bone accident due to negligence or recklessness of someone else, we're here to help you find justice. The experienced attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have successfully represented clients in New York for over a century. We know how to navigate the legal landscape, and we're familiar with all of the strategies insurance companies use to deny or mitigate the victims’ claims. Our goal is not just to recover compensation, it's to make sure our clients get what they need to heal and move forward with their lives. If you believe you may have grounds for a claim, don't hesitate to get in touch with our car accident attorneys in New York City. We offer free initial consultations and charge no fees unless you recover damages. Call us today at 212-344-1000 or contact us online to schedule an appointment. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

New York has among the highest number of pedestrians on the streets. Pedestrian safety is a priority with millions of people thronging NYC streets each day. However, there were 121 pedestrian deaths in the city in 2019 even after plenty of walking space, awareness campaigns, and strict legislation. The number of vehicle accidents in New York City is reducing while pedestrian fatalities and injuries are on the rise. This is despite the city’s efforts to increase pedestrian safety in recent times. There is an increase in pedestrian plazas and bike lanes to make the roads safer. If the roads have become safer and there is a decrease in the number of car accidents, then why are pedestrian injuries and fatalities on the rise? Keep reading to learn more about the causes of increasing pedestrian accidents in New York. New York has among the highest number of pedestrians on the streets. Pedestrian safety is a priority with millions of people thronging NYC streets each day. However, there were 121 pedestrian deaths in the city in 2019 even after plenty of walking space, awareness campaigns, and strict legislation. The number of vehicle accidents in New York City is reducing while pedestrian fatalities and injuries are on the rise. This is despite the city’s efforts to increase pedestrian safety in recent times. There is an increase in pedestrian plazas and bike lanes to make the roads safer. If the roads have become safer and there is a decrease in the number of car accidents, then why are pedestrian injuries and fatalities on the rise? Keep reading to learn more about the causes of increasing pedestrian accidents in New York. Pedestrian Accidents because of Driver and Vehicle Related Factors 1. Incorrect perception of risk Drivers are often unaware of the risk of ramming into a pedestrian. In fact, they don’t realize that their driving behavior places pedestrians at risk. Familiarity with travel routes, alcohol, and cell phone usage impairs a driver’s ability to recognize the risk of colliding with a pedestrian. 2. Vehicle speed Speeding is a major contributor to pedestrian crashes. It increases the likelihood of a collision. In addition, faster vehicles are more difficult for drivers to manipulate. Even if they see the pedestrian in time, it may not be enough for them to hit the brakes and make the car come to a stop. High speeds don’t allow pedestrians and drivers enough time to avoid the crash. Faster moving vehicles can cause severe injuries to pedestrians. 3. Traffic volume Chances of hitting a pedestrian is greater when vehicle and pedestrian traffic on the streets is more. There has been a manifold increase in the number of cyclists, pedestrians, and vehicles on New York roads in recent times. This has led to an increase in injuries and deaths. 4. Vehicle type Likelihood of pedestrian death and severity of injury is influenced by the type of vehicle involved in the crash. There has been an increase in pedestrian injury profile with an increase in the number of LTVs (light truck vehicles) on the road. This is owing to their lower bumper heights that strikes a pedestrian’s legs and causes them to hit the windshield or hood of the car. LTVs hit pedestrians above the center of gravity propelling them forward. Risk of death in LTV related pedestrian accidents is 3.4 times higher as compared to standard passenger vehicles. 5. Distracted driving Distracted driving has become a major hazard, especially after the increase in cell phone usage. Distracted driver, in case of pedestrians, is similar to a runaway vehicle. Car drivers looking down at their smartphones may not be able to stop in time or abruptly to save a pedestrian running down the street. They may fail to check blind spots and mistakenly turn into a pedestrian. Drivers often run red lights and hit pedestrians on the crosswalk because of being distracted by their cell phones or something else. 6. Fewer consequences The New York Police Department has a responsibility to initiate criminal investigations against at-fault drivers that hit pedestrians and cause injuries because of negligent driving. However, the ground reality is that there are very few drivers that are charged or made to pay adequately after hitting or even killing pedestrians. The Accident Investigation Squad of the city is responsible for investigating only those pedestrian accidents that involve death or considerable injuries. Only those accidents and injuries usually result in significant compensation for the victims in New York, where highly capable and resourceful personal injury attorneys are involved to protect the victim’s rights. When offenders are not held accountable for their actions, it doesn’t deter them from repeating the mistake. The present approach doesn’t allow the public to feel safer on the roads as pedestrians. Pedestrian Accidents because of Physical Environment The physical layout of New York City and pedestrian transportation routes compels pedestrians to enter or cross roads in unsafe situations. These are a few physical factors that add to the increase in pedestrian accidents and deaths: 1. Inadequate pedestrian crossing devices Two purposes are served by pedestrian crossing devices – they regulate behavior and help people judge safety. “Don’t Walk” signal indicates that it is unsafe and possibly dangerous to cross the street at that time. Pedestrians find it difficult to judge the safety of a route or determine appropriate behavior without crossing devices, walking signs, and crosswalks. Lack of signals contributes to vehicle-pedestrian crashes resulting in fatalities and injuries. 2. Lack of midblock crosswalks Inconvenient intersection crossings may be avoided by pedestrians because they cause delays in the travel pace. Midblock crossing was found to be the major cause of fatality in 55% vehicle-pedestrian crashes. Pedestrians may find themselves safe if convenient midblock crosswalks are made available at high-traffic crossing points. 3. Road width It is far less likely for a pedestrian to attempt jaywalking when the distance is more. Narrower roads are a major cause for unsafe pedestrian behavior. However, wider roads may promote higher vehicular speeds, which may result in a possible trade-off in regards to pedestrian safety. 4. Poor timing Fast crossing signals are a major risk to certain groups of pedestrians, such as the elderly. Pedestrians are placed at risk when signals at crosswalks don’t allow enough time for them to cross over. This is true even when the law says that a pedestrian has the right of way while crossing a signal. Crosswalk times are usually set for the average pedestrian. Slower pedestrians, such as parents with children, the elderly, and people with movement restrictions may not be able to cross completely before the traffic starts again. Crash hotspots may develop in neighborhoods that has a large population of slow-moving pedestrians. This refers to areas where pedestrian-vehicle accident frequency is high. 5. Poor sidewalk conditions Pedestrians may overlook their safety because of poor sidewalk conditions. They may seek to find better conditions on the streets. Poor sidewalks are a major problem for runners and other similar groups, such as speed walkers that may prefer a smoother surface. Absence of curb cuts is a major component of deplorable sidewalk conditions. The street may be risky, but the sidewalks are almost impassable in several NY streets, especially among the boroughs. Obstructions around the sidewalks may prove to be difficult as well. Trees and bushes may overhang the sidewalks making passage problematic in residential areas. Snow and ice or leaf and plant litter are common obstructions seen on New York city streets. On top of this, there are several areas where congested or lack of parking lots force drivers to park across the sidewalk. This causes the pedestrians to walk on the street to get around the vehicle. 6. Absence of sidewalks There are certain travel paths that don’t have sidewalks at all. Pedestrians are forced to walk on roads with the absence of sidewalks. People with limited mobility may again choose walking on dirt, grass, and uneven terrain. 7. Sidewalk capacity On an average, everyone likes walking on wider sidewalks. However, it is difficult to allocate enough transportation space to vehicles and pedestrians in crowded cities, such as New York. Several back streets in central business districts, in response to greater vehicle volumes, have reduced sidewalk width. Further, sidewalk cafes and encroaching storefronts compel pedestrians to use the streets. This has led to an increase in crashes. Impact of Cabs, Buses, and Large Trucks A recent traffic safety study from the New York Department of Transportation (NYDOT) reports that the majority of pedestrian accidents are because of private vehicles. However, large trucks, buses, and cabs were stated to account for 20% NYC pedestrian fatalities. It is true that fewer crashes involving pedestrians are caused by delivery trucks, cabs and buses as compared to motor vehicles. However, the rate of accident of these vehicles are more than that of passenger cars. Buses account for 0.4% vehicle registrations in NYC. However, they are involved in over 3% of pedestrian accidents. This rate is almost 8 times greater than expected. Large trucks and cabs also have similarly higher rates. Overall, cabs account for 2% vehicle registrations while they cause 13% pedestrian accidents. Large trucks are 3.6% of vehicle registrations in New York, but are responsible for 4% pedestrian accidents. Larger vehicles like buses and trucks are three times more likely to result in serious injury or death as compared to passenger cars. According to the report, large cabs have a more prominent blind spot on the right side. This results in increased pedestrian crashes while making right turns. Consult with a Leading New York Pedestrian Accident Attorney Today Typically, pedestrians involved in traffic collisions sustain life-threatening and serious injuries. Lost income, medical costs, and overall decreased quality of life are a few potential damages that you may be entitled to recover as compensation following your accident with a vehicle. Rosenberg, Minc, Falkoff & Wolff, LLP have helped numerous pedestrian accident injury victims to secure adequate compensation for their injuries and losses. We offer free initial consultation to all our clients to better explain their legal options. You can improve your chances of obtaining maximum financial damages by working with our qualified accident lawyers in NYC. Speak to a capable and committed attorney today by calling at 212-344-1000 or complete this online form. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Car accidents are all too common on the congested streets of New York City. But the chances of a crash significantly increase in bad weather conditions. Most people mistakenly assume that New York car accidents caused by rain or fog or snow are not any specific individual’s fault, and they believe that this leaves no grounds for claiming compensation. However, in certain circumstances, it is quite possible that the other driver or the government agency responsible for the road’s upkeep may be found to be responsible for your car accident injury. In such a situation, an experienced New York bad weather car accident attorney can help you recover the damages to cover the losses you sustained due to no fault of your own. Car accidents are all too common on the congested streets of New York City. But the chances of a crash significantly increase in bad weather conditions. Most people mistakenly assume that New York car accidents caused by rain or fog or snow are not any specific individual’s fault, and they believe that this leaves no grounds for claiming compensation. However, in certain circumstances, it is quite possible that the other driver or the government agency responsible for the road’s upkeep may be found to be responsible for your car accident injury. In such a situation, an experienced New York bad weather car accident attorney can help you recover the damages to cover the losses you sustained due to no fault of your own. What Weather Conditions Affect Traffic Safety in New York? The Federal Highway Administration (FHA) specifies seven types of road and weather conditions that may cause dangerous situations for car drivers in NYC. These include: Fog that reduces visibility Wind blowing at high speeds can impair the driver’s ability to keep their car under control Snow, rain, or sleet may make it difficult for drivers to have sufficient traction besides impairing visibility Temperature of the air and humidity that can affect the accumulation of ice and snow Defective or damaged pavements or potholes on the road that make it difficult for drivers to control their car Pooled water on the road due to poor road design, or improper drainage facilities can cause cars to hydroplane How do Poor Road Conditions Cause Car Accidents in NYC? Data from the NY State Department of Motor Vehicles shows that the following types of defective road conditions can lead to car crashes: Obstruction in the view drivers have of the road ahead Improper road or lane markings Defective design and building of shoulders Debris or other obstructions on the road Non-functional traffic control devices Defective pavements Who is Responsible for NYC Bad Weather Accidents? Car drivers obviously cannot control the weather; however, they are expected to know how to adapt their driving to match the requirements of bad weather. A motorist who does not drive with due caution in poor weather may be found negligent if their actions or failure to act in a particular way were responsible for a car crash. For example, when snowfall occurs and the roads are covered with snow or ice, it is expected that drivers will drive their cars slowly because moving at high speeds can make it extremely difficult to control the vehicle. If a driver drives even at the posted speed limit, they may still be found negligent if the weather conditions necessitated a lower speed. In certain accident cases, an investigation may throw up evidence that there was a problem with the design or the construction of the road itself that increased the risk of an accident. Occasionally, a failure to maintain the road in good condition, or the lack of necessary road repairs could also be the cause of an NYC car accident. In such cases, a seasoned personal injury lawyer can help the injured victim hold the government authority in charge of the road’s design, construction, and maintenance or repair responsible for the accident. What Types of Road Defects May Cause a Bad Weather Accident in New York? Government agencies must design and construct roadways to be safe for public use. Further, they must carry out regular inspection and maintenance and repair work as necessary to ensure the roadways are in a condition fit for use. If these agencies fail in these duties, it could result in a nasty road accident especially in bad weather. Some of the most common types of road flaws that may contribute to a bad weather car crash in New York City include: Flaws in the design of the road when shoulder drop-offs are too steep, or curves in the road are too sharp, or if the grading is inappropriate or if lanes are kept too narrow. Defects in the road surface that lead to accumulation of water that does not get drained away or the presence of potholes on the road, or the pileup of debris or gravel on the roadway. Lack of adequate warning signs that can caution a motorist about the road situations. Insufficient or malfunctioning lighting on the roads. What Precautions Are Necessary to Prevent a Bad Weather Accident? Some of the precautions a driver is expected to take when driving in poor weather include the following: Driving well below the posted speed limit Making turns very slowly without enough indication to other motorists around them Using their hazard lights judiciously Pulling to a stop if poor weather drastically affects visibility Maintaining their vehicle in a condition safe to drive even in bad weather Who is Liable for a Weather-Related Accident in New York City? Bad weather may have contributed to your car accident, but you cannot hold it responsible for the damage you suffered. When the weather conditions are especially bad, drivers are expected to either avoid driving or to take utmost care while driving to ensure they stay safe. All persons who drive owe a duty of care to other motorists and pedestrians on the road. But this responsibility is far greater when drivers take to the road during bad weather. The condition of the road, if found to be far from optimum, may be considered as a contributing factor to a bad weather car accident in New York. However, the onus for damage that results from such a crash generally rests on the driver who is shown to have lost control over their vehicle. The Concept of Negligence in Weather-Related Car Crashes in New York When determining liability for a car crash that occurred in bad weather, the factor that is most important is establishing negligence of the driver. A driver who fails to drive cautiously in poor weather is likely to be considered as negligent in their action. Here are some of the actions of a driver that may qualify as negligence: Driving in poor weather despite being aware that it is unsafe to drive. Driving at speeds that do not take the weather and road conditions into consideration. Following too closely the vehicle in front without leaving enough space in between. Taking turns at a high speed when driving through rain or snow on slippery roads. Driving a vehicle that is not well-maintained and has problems such as weak brakes, worn-out tires, malfunctioning windshield wipers or lights that do not work as expected. Failing to switch on the vehicle’s headlights despite poor visibility due to the bad weather. What Precautions Must You Take To Avoid a New York Bad Weather Accident? The best way to avoid a car accident due to bad weather is to put off driving when the weather gets really bad. However, if there is some urgent task you absolutely need to complete, and this involves driving in poor weather, the only alternative you have is to take the following precautions so that you reduce the risk of an accident. Check the windshield wipers and make sure they work Ensure the tires are sufficiently inflated Install snow tires if you have to frequently drive through snow Scrape off any ice that has formed on the windshield before you begin to drive Check that the headlights are functioning adequately; keep their covers clean so that they throw a strong beam of light to illuminate the road clearly Remove any snow or ice that may have accumulated on the roof of the car Contact an Expert New York Bad Weather Accident Lawyer Today Anyone injured in a car crash in New York can claim compensation for the damage they sustained. The other driver may claim that the poor weather was responsible for their inability to see clearly but an experienced car accident attorney can help you prove that they were negligent in their actions. When you file a personal injury lawsuit against the party at fault for your accident, you can recover the following damages: Medical expenses Prescription medicines Future expenses for medical care or rehabilitation Loss of income Reduction in earning capacity Assisted help for housekeeping and childcare Pain and suffering Emotional distress Loss of life enjoyment Persons who are injured in a bad weather accident often tend to assume that their crash was a result of the weather condition and therefore, no one can be held responsible for their injuries. However, with a seasoned lawyer on your side, you can certainly prove that another driver’s negligence was the cause of your suffering. Get in touch with us today at 212-344-1000. Contact Rosenberg, Minc, Falkoff & Wolff, LLP today. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Your friend has been driving you across town in their car when suddenly you get into a crash. Regardless of whether the accident in New York City was your friend’s fault or caused due to negligence of the other driver, you, as the passenger, can claim damages. In fact, it can be easier for passengers in auto accidents to recover compensation because they generally don’t have to prove liability to receive damages. However, it can get quite confusing for car passengers to know how to seek compensation and from whom to seek it. Read on to know more about what rights passengers have in auto accidents in New York. Your friend has been driving you across town in their car when suddenly you get into a crash. Regardless of whether the accident in New York City was your friend’s fault or caused due to negligence of the other driver, you, as the passenger, can claim damages. In fact, it can be easier for passengers in auto accidents to recover compensation because they generally don’t have to prove liability to receive damages. However, it can get quite confusing for car passengers to know how to seek compensation and from whom to seek it. Read on to know more about what rights passengers have in auto accidents in New York. What Types of Compensation are Available to Passengers in NY Auto Accidents? In the event of a crash, passengers enjoy the right to receive the same compensation that drivers can expect. The damages sought include: Medical expenses: Compensation for money spent on ambulance transport, emergency treatment, hospitalization, medication, and physical therapy. Lost wage coverage: Compensation for the wages lost when the person couldn’t get to work because of their injuries. Pain and suffering damages: Compensation for the pain and suffering that the passenger had to undergo for no fault of their own. From Where Does Compensation Come to New York Car Accident Victims? New York follows the no-fault car insurance system. Under this, every person who drives a vehicle in the state must carry Personal Injury Protection (PIP) coverage. This form of insurance provides compensation to the victims of an injury caused by a crash regardless of who was at fault for the accident. PIP covers the expenses incurred on medical expenses, damage to property and other losses following a car crash. Anyone who is injured while driving their car must first file a damages claim with their own auto insurance provider. If the injuries they sustain match the criteria specified in New York law for “serious injury”, they may further approach the party liable for the crash to seek compensation through a personal injury lawsuit. Under New York law, the no-fault insurance rule applies also to passengers injured in the car crash. Whom Can You Approach for Compensation as a Passenger in an NYC Car Crash? Car passengers who have suffered injuries in an accident can seek compensation from the individual who was responsible for the accident. Depending on the specifics of the crash, this could be the driver of the car in which the passenger was riding or the driver of the other vehicle or vehicles involved in a New York auto crash. If an investigation shows that the other car driver caused the crash, the passenger can file a claim with that driver’s insurance provider. In case their insurance coverage is lesser than the costs the passenger incurred, it may be possible to recover compensation by filing a personal injury claim against the liable driver. In some situations where the passenger has suffered serious injuries and the expenses incurred exceed the limits of the insurance policy of the liable party, they may file for damages through the underinsured motorist coverage of their vehicle driver. Sometimes, the party who caused the crash may not have any insurance; in such a situation, the passenger who was hurt can file for compensation under the uninsured motorist coverage of their vehicle’s driver. Passengers who suffer an injury when traveling as a passenger in a Lyft or Uber vehicle can seek damages through the insurance that the involved company provides to their drivers. What Compensation Can I Get if My Driver is Liable for the NYC Auto Crash? The person who drives a car is expected to be responsible for the safety of the passengers riding with them. If an accident occurs due to the error of the car driver, they can be held liable for the crash. In such a case, the passenger can seek compensation from their driver’s Personal Injury Protection (PIP) insurance. If the coverage of this policy is not sufficient to cover the expenses arising from the passenger’s injury, the next option is for the passenger to file a personal injury lawsuit to receive the compensation they deserve. What Options are Available to Passengers in NYC Accidents When Two Drivers Share Liability? Car crashes in which an investigation throws up evidence to hold both drivers liable, the passenger who is injured can file a claim with the insurance companies representing both the drivers. If one of the drivers is a member of the passenger’s family, and both of them are covered under the same insurance policy, the passenger can claim damages from the insurance provider. However, in most cases, such claims will pay for medical expenses and lost wages, but not for the pain and suffering of the passenger. What Happens in New York Auto Accidents Where Multiple Passengers Are Injured? Assume the following situation. Six persons are riding in an SUV. The driver has a basic PIP car insurance that is meant to cover the driver as well as all the passengers. If this SUV gets into a crash and the persons riding in it suffer injuries, all of them have to seek compensation through the same insurance policy of the driver. If the driver has just the minimum amount of coverage as prescribed by the law, that amount is definitely not going to be sufficient to cover the claims of all the injured passengers. Insurance companies cannot be swayed to pay anything beyond the specified limits of the policy. But with the help of an expert car accident lawyer in New York, it may be possible for the passengers to receive a somewhat reasonable amount in compensation. Passengers Injured in Auto Accidents in NYC May be Able to Recover Compensation from their Own Auto Insurance Policy When the passenger’s injuries are such that the expenses incurred on recovery are not covered under their driver’s policy, the passenger has yet another option to fall back on. It may be possible for them to file a claim through their own auto insurance policy and recover compensation for their medical expenses through their policy’s MedPay (Medical Payments) coverage. This can prove especially useful in situations when the settlement of the passenger’s claim through the other two drivers’ policies is delayed. In case the passenger is related to the driver and they are both covered under the same auto policy, the passenger may be able to benefit from the driver’s MedPay coverage too. Why Passengers Injured in an Auto Accident Need a Seasoned Personal Injury Lawyer? The insurance company will help the driver to whom they provided the auto insurance policy to seek compensation. However, they may not be interested in helping you do the same. Having to single-handedly manage the entire complex legal procedure involved in claiming compensation as a passenger can be a huge challenge, especially when you need to conserve your energy to recover from your injuries. Many passengers find the damages-claiming process so overwhelming that they may decide to forego the compensation that is their right. If you or a loved one has been injured as a passenger in an auto crash that was not your fault, you must get the help of an expert personal injury lawyer in New York to handle your compensation claim. A professional lawyer who handles your case will help to: Provide an unbiased, neutral viewpoint of the methods available to you to claim compensation Give valuable legal advice throughout the process of seeking and winning compensation Collect and protect evidence from the accident site that strengthens your case Draw up an exact figure of the compensation you truly deserve Identify which all persons or entities share liability for the crash that caused your injuries Handle the negotiation process with the insurance companies Maximize the compensation you receive Contact a Top-Rated Personal Injury Attorney in New York City Today Understanding how New York State’s no-fault insurance laws are applied to a given accident case can be a challenge. If you have been hurt as a passenger in a car accident, you are already suffering from your injuries. Naturally, you may find the thought of pursuing a tricky legal course of action quite intimidating. That is why you must consult our experienced personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP. We have decades of experience in handling such cases and we make sure that the rights of our client are fully protected. Car accident claims get settled faster in cases where liability is easy to determine. However, in situations where multiple parties are involved, the insurance companies of the different parties will begin a blame game that has no end. Our dedicated New York City personal injury lawyers have the necessary legal knowledge, skills, and resources to negotiate hard with insurance providers so that we can motivate them to engage fairly. Talk to us today to understand how you can claim damages for being injured as a passenger in an NYC auto accident. Call us at 212-344-1000 or contact us online. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Most legal claims that arise from injuries caused by accidents in New York never get to the stage of a trial in a civil court. This is because the parties involved in the litigation decide to resolve their conflict by negotiating a settlement. Typically, in such settlements, the person who files the lawsuit, called the plaintiff, accepts an agreed-upon monetary compensation from either the defendant, or an insurance provider. In exchange, the plaintiff has to surrender their right to undertake any legal action in connection with the concerned injury or accident. Most legal claims that arise from injuries caused by accidents in New York never get to the stage of a trial in a civil court. This is because the parties involved in the litigation decide to resolve their conflict by negotiating a settlement. Typically, in such settlements, the person who files the lawsuit, called the plaintiff, accepts an agreed-upon monetary compensation from either the defendant, or an insurance provider. In exchange, the plaintiff has to surrender their right to undertake any legal action in connection with the concerned injury or accident. Reaching a personal injury settlement that provides a reasonable compensation for the damages suffered can be a challenge for most injury victims. If you have suffered an accident, and the opposing side has proposed a settlement offer, it is wise to consult a dedicated and seasoned New York City personal injury lawyer who can guide you on how to get the maximum possible sum of money through the settlement process. What is a Structured Settlement in a Personal Injury Lawsuit in New York? When a plaintiff agrees to give up the right to legal action in exchange for a sum of money in settlement, the payment may be of two types. In a lump-sum payment, the entire amount is received at once while in a structured payment, the amount is paid out regularly over a specified period of time. The structured settlement proves to be especially useful in cases where the plaintiff has to deal with a catastrophic injury that causes damage that is serious and permanent in nature. Such settlements involve the funding of an annuity policy for the plaintiff by the defendant’s insurance company. This is designed to generate a constant flow of income over the course of time specified as part of the settlement. By nature, these annuity policy contracts are complicated because a wide range of expenses have to be factored in to meet the plaintiff’s requirements. Besides, the tax implications of such an annuity plan must also be considered. This is why most plaintiffs prefer to consult a seasoned personal injury attorney or tax attorney in New York or a certified public accountant before they decide on whether to accept the proposed personal injury settlement. What are the Benefits of a Structured Settlement in Personal Injury Cases in New York City? Structured settlements are generally considered advantageous to the plaintiff due to the following reasons: They ensure that the plaintiff can receive a certain fixed amount in payment for the specified duration. This makes it easier for them to deal with the expenses that arise due to the serious or permanent nature of their injury. Annuity plans can be customized to meet the particular requirements of the plaintiff to deal with future contingencies. Structured settlements are likely to offer a significant tax benefit because under the US Tax Code, personal injury settlements qualify for the “tax-free” tag. There may be a few exceptions to this rule, however, and it is best to consult a qualified personal injury settlement lawyer in New York City to know more. Most states protect the annuities under state insurance laws so that the insurer’s obligations are covered. In the event of an insurance company turning insolvent, the policy claims will be paid by the guaranty association of that state, of course within the state’s specified limits. It may be possible to combine a structured settlement with a lump-sum payment so that immediate expenses such as medical and rehabilitation bills can be met. This type of a settlement allows the plaintiff to take benefit of any unexpected new development in the field of medicine that may prove beneficial in treating their condition. What are the Limitations of a Structured Settlement in NYC Personal Injury Cases? Despite the obvious merits of a structured settlement, there can be situations where this instrument can prove disadvantageous. Here are a few instances of such scenarios: The entire settlement amount is not tax-free; some parts of it such as attorney’s fees, punitive damages and damages awarded for purely emotional distress can be taxed. No one can predict how economic conditions will be in the far future and despite all precautions, recession or inflation in the economy could have a significant impact on the annuity paid. As a result, there is no guarantee that the payments received many years from now will continue to cover the plaintiff’s expenses and requirements at that time. Structured settlements are known to generally cost lesser than lump-sum settlements. When insurance companies do not disclose the amount they will spend for the annuity, it puts the plaintiff at a disadvantage, because they cannot get an exact picture of what to expect from the proposed settlement offer. How to Assess the Worth of a Personal Injury Settlement Proposal in New York City? When the defendant proposes a settlement through negotiation instead of letting the case reach a court trial, the plaintiff needs to assess the offer being proposed. Here are some of the factors to consider when deciding whether to accept such a proposal. What are your realistic chances of winning the case? What are the strengths and weaknesses of the evidence on your side as well as that possessed by the opposite side? What has been the settlement outcome or jury verdicts in previous similar cases tried by the court where your case is likely to come up for trial? What is the minimum amount that you are prepared to accept to avoid going to a trial? What resources does the defendant have at their disposal to meet your expectations of a settlement? What are the limits of their insurance coverage? What are you willing to compromise on to be able to reach a settlement? In settlement negotiations, both parties need to give up something to be able to reach a point that is acceptable to both sides. How much of the settlement amount will go towards the legal expenses and your lawyer’s fees? Will the settlement have an impact on your state and federal income taxes? How much percentage will you have to pay in income tax? NYC Personal Injury Settlements can Prevent Unfavorable Publicity When a case is tried in a civil court, the trial is open to the public and depending on the nature of the case, can invite scrutiny and attention from the media too. Persons who want to restrict personal information from entering the public domain, and those who want to avoid disclosure of business secrets therefore generally prefer to choose a settlement process. Most people are averse to unfavorable publicity and this, along with the relatively long and tedious nature of the trial process encourages them to opt for a negotiation that can result in a faster outcome through a settlement. New York Rules on Shared Fault Not all cases of personal injury are a clear case of negligence by just the defendant. It is quite likely that the plaintiff may share part of the blame for the incident leading to the legal claim. In such situations, under New York’s rules on shared fault, you are likely to receive a lesser amount in compensation for your claims. New York follows the pure comparative negligence rule which means that the final amount you receive in compensation will be less by an amount that reflects the percentage of your fault for the incident that caused the injury. If you are due to receive $200,000 in damages, and you are found to be 10% at fault for the accident, an amount of $20,000 will be deducted from the compensation, leaving you with $180,000 in damages. New York courts stick to this rule of shared fault but not all insurance adjusters who enter a settlement negotiation will look at the case through this same lens. In such situations, you need to have a skillful NYC personal injury attorney who can negotiate to win you the maximum possible compensation. Our Experienced New York City Personal Injury Lawyers Can Help You Serious personal injuries can have a debilitating impact on the rest of your life. The very least that a plaintiff who has suffered such an injury can expect is monetary compensation that can cover their expenses for a situation caused due to no fault of their own. Our compassionate and dedicated personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have worked with several families whose loved ones suffered injuries due to the negligence of another person. We have succeeded in winning maximum compensation for our clients, so that they have the means to deal with mounting medical costs and loss of income, apart from dealing with their pain and suffering. Our extensive network with the best experts in the fields of medicine, forensic pathology, and finance and accident reconstruction helps us build a strong and effective case for our clients, to ensure that they receive the compensation that is their rightful due. To know more about how we can help you do the same, call us today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

When you are injured in an accident, you may be contacted by the insurance company for a recorded statement. In most cases, these interviews are carefully scripted to ensure the insurance adjuster gathers information in a way that will help protect the defendant in court. They may even ask you to read aloud some legal words or prompt you to make a statement that goes in their favor. When you are injured in an accident, you may be contacted by the insurance company for a recorded statement. In most cases, these interviews are carefully scripted to ensure the insurance adjuster gathers information in a way that will help protect the defendant in court. They may even ask you to read aloud some legal words or prompt you to make a statement that goes in their favor. Providing a statement to the insurer before consulting with an experienced New York City personal injury attorney can compromise your ability to recover full compensation for your injuries and damages. The aftermath of an accident can be stressful and overwhelming. Seeking legal help to avoid making statements that could devalue your claim or cause the insurance company to deny it is essential to recover compensation for your injuries. The personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you navigate the legal system and provide you with the support and information you need to make informed decisions about your case. Why Do Insurance Companies Want Recorded Statements? After you have been injured in a car accident, the other driver’s insurer will likely contact you and ask for a recorded statement to investigate the claim. They want to hear your descriptions of what led up to the accident and what happened immediately following the injury. The insurance company may use certain tactics to gather evidence against you during the conversation. One of the tactics is to lead you to construct damaging statements that make you sound fully or partially at fault, inconsistent or less truthful than you actually are. If you say anything to indicate your negligence, they may use it to claim there was no fault of the other party, or you were partly to blame for your own injuries. Why Should You Avoid Providing a Recorded Statement? Every state has legal requirements for asking the details from accident participants. In New York, no law requires you to provide a statement, whether a recorded or written one, to the negligent party's insurance company. You may feel that offering up a statement shows that you have nothing to hide, but any wrong information may work against your own interest. Here's how your words can be misconstrued. Inconsistency Different parts of your story will be compared to your recorded statements. You are expected to go over previous statements in great detail with your lawyer. It is essential that your statements are consistent. If a discrepancy is found, it could cause serious problems for your case. If you can’t remember something exactly as you did before, explain that in writing to your attorney. The Severity of Your Injury Remember that there are two sides to every accident injury case. The other driver’s insurance company will want to decide whether you are a risk and how much to offer you. You may be asked about the severity of your injuries, where you felt pain, or what parts of your body hit the interior of the vehicle. The insurance company may later use your answers against you. Too much Information In most car accident cases, the claims adjuster will do some digging to confirm your injury, but they may also ask you some general questions that are irrelevant to your lawsuit. This is where you need to be careful of providing too much information. Many people don’t realize just how valuable their information is or how it could be used against them until it’s too late. For example, while the insurance adjuster may innocently ask you if you’ve ever hurt your back before, a past injury to the spinal cord could be used to devalue a legitimate back injury you suffered in a recent car accident. Insurance Adjuster May Trick You into Hurting Your Case There are many ways adjusters force you to self-destruct during a recorded statement or deposition. You might be told that you will be compelled to answer despite your reluctance. You might find yourself being asked questions that have already been answered before, leading you to repeat yourself. The adjuster may shame you, degrade you, or use other subtle ways of making you feel guilty for not agreeing with them. They will more than likely talk over you and fail to clarify if you need it. They are trained to ask leading questions, act sympathetic and make you say things that make you look less credible. It is possible that whatever you say to the adjuster will be used later to interpret the situation in a way that serves the company's interests rather than your own. Though it is essential to be honest and upfront with the claims adjuster, knowing when they are trying to trick you is also be necessary. Police Reports Contains All the Required Information If you're in a car accident and provide a recorded statement to the driver's insurance company following the accident, the company will work hard to minimize their liability to you. This may mean that they offer you less money in an initial settlement or try to prevent you from getting any money by showing how your statement was incorrect or inaccurate. However, you should know that the other driver's insurance company does not need all of the details you may have learned about the accident. A police report will provide enough information for the other driver's insurance company to settle a claim with you. Possibility of Your Words Being Misinterpreted When you are speaking to an insurance company or at a deposition, the substance of the question is as important as the tone in which you deliver your response. In a recorded statement, it is possible that a simple fact, like being late for work, can be used against you. If you tell them about your medical history, they may claim that your injuries are not related to the accident but are pre-existing conditions. By contacting our experienced personal injury lawyers, you can ensure that your injuries are properly documented. We will communicate on your behalf with the insurance companies following the accident so that you won't have to submit your medical records to multiple parties. This frees you up to focus on healing from your injuries while our attorneys deal with the legal aspects of the accident. You May Have Incomplete Knowledge of Your Medical Condition If you sustained significant injuries in a car accident, the chances are that your full medical diagnosis may not be complete. Even after several physical visits with your doctor, it can take time for a final diagnosis to be made. This can have a significant impact on the insurance claim process. Because the insurance adjuster wants to get an idea of what the case’s value is likely to be as soon as possible, they will usually try to talk with you about the accident. Our injury attorneys work with you to delay this initial conversation as long as possible, giving you the time you need to make a sound, informed decision. Insurance adjusters often have an idea of how much they can settle a claim for before they even speak to the plaintiff. If you talk to an adjuster without an attorney present, you could inadvertently give them misleading information that sets a low value on your claim, making it difficult to get a settlement that is better than what they offer. Such action could delay your claim indefinitely and could result in your loss of any compensation, should you lose the lawsuit. What Can Be Said While Giving a Statement? To ensure the effectiveness of your injury claim, there are specific rules that you need to follow. When talking with a potential insurance company, always ask them not to record anything. Then, when providing details of the accident and subsequent injuries, be concise, factual, and honest. Some elements will be irrelevant to the incident and could bias the other party against you; therefore, you should only provide details precise to the inquiry or question. Also, do not exaggerate or minimize your injuries. This is perceived as lowering your credibility and impacts your chances of receiving compensation for damages suffered. Additionally, never agree to release your medical records by signing any forms without consulting a personal injury attorney first. Consult Our Legal Team in New York City before Giving a Recorded Statement to the Insurer After a car accident, you’re probably shaken up and likely dealing with physical pain. It’s never easy to tell what a car crash has done to your body, especially after the adrenaline wears off. That’s why we urge you not to give an official recorded statement, even if they request it. The insurance companies of the at-fault driver are trained to use their tactics on unsuspecting victims who are still in shock and hurting. If you allow them to get through, they will settle your case with a reduced amount. Before you give a recorded statement, make sure you are prepared by speaking with one of our car accident lawyers in NYC to discuss your claim in detail. At Rosenberg, Minc, Falkoff & Wolff, LLP, we sit down with each client and go over their case in thorough detail. We then establish a legal strategy for how we will pursue your case for maximum compensation for your injuries from the at-fault party. Get in touch with us at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

When you are trying to get back to normal after a personal injury, the last thing you want to do is take any unnecessary risks. Overcoming this feeling of impatience can be particularly difficult after a personal injury. You should follow the doctor’s advice, but there is a fine line between acceptable activity and activity that could worsen your injury or harm your case for personal injury compensation. To avoid momentary judgment lapses from causing lasting damage to your claim, it’s essential to understand proper protection practices for personal injury claims in NY after an initial injury. When you are trying to get back to normal after a personal injury, the last thing you want to do is take any unnecessary risks. Overcoming this feeling of impatience can be particularly difficult after a personal injury. You should follow the doctor’s advice, but there is a fine line between acceptable activity and activity that could worsen your injury or harm your case for personal injury compensation. To avoid momentary judgment lapses from causing lasting damage to your claim, it’s essential to understand proper protection practices for personal injury claims in NY after an initial injury. Dealing with Insurance Companies in New York City If you are injured because of someone’s negligence and want to sue, your first step is typically to file a claim with the liable party’s insurance company. However, insurance companies are known to make a lot of money by trying to avoid paying out settlements that they owe by denying claims and perpetuating legal battles. It’s crucial that you have your own attorney on your side to seek the entitled compensation from the insurance company. You can expect your insurance company to question every aspect of your lawsuit as a reason to deny your claim. When it comes to lost wages, they may disagree with documenting your actual hours worked, or they might deny all work-related medical expenses. Pain and suffering claims can also be rejected if they consider your recovery was faster than expected. They want to prove that you are not as severely injured as you claim because if they can do so, it gives them valid grounds to decline your settlement completely or decrease what they are willing to pay you. Follow Your Doctor’s Recommendation to Protect Your Claim It's normal to feel excited when you receive a settlement offer from your insurance company. After all, you could be receiving thousands of dollars, depending on the circumstances of your case and medical records. But insurance companies will want to make sure that the injury is legitimate and that you are following the recommended treatment plan set forth by your doctor. If you have a pre-existing medical condition – one that you've been taking medication for – this information will appear in those records. Suppose your doctors state that you are not ready to return to your regular activities, but you later engage in one or more of those same activities anyway. In that case, insurers will question your actions and can point to this as a sign of disregard for your injury and recovery. Going back to work too soon can lead to complications down the road and significantly reduce any compensation you may be entitled to. This is because if you have returned to work prematurely, whichever insurance company is paying for your medical costs will likely use that as proof that you have failed to take your recovery seriously. Long-Term Health and Financial Effects Going back to work soon after a work injury is a natural instinct. Many people believe it will help them heal faster, especially if they return to a normal lifestyle as quickly as possible. If you return to work before your injuries have had a chance to heal, you risk further injury or even permanent disability. There could be long-term financial and health issues that could cost you much more than expected. How to Make Ends Meet When You Lose Your Job? It's perfectly reasonable to be concerned about how you will pay your bills when you're off work and recovering at home. It's also reasonable to feel stressed out, depressed and even scared because of the financial uncertainty you now face. Our New York City personal injury lawyers can help you consider your best financial options available during this time. For example, if you enter into a lien agreement with your attorney, you can pay them through your lawyer instead of paying your medical bills out-of-pocket. The attorney will then take over the responsibility for paying the medical providers and will distribute the payments once you receive your final settlement. An installment agreement is another option that allows you to make monthly payments and receive credit for those payments when the final settlement amount is reached. Moreover, you can also add a claim for recouping wage compensation for the time that you took off from work to seek treatment or recover. That money will come in handy once it arrives. Work Restrictions Your Doctor May Impose A physician’s work restrictions for your job are recommendations to your employer about how to accommodate your injury. They usually come in the form of a notice certifying that you can’t work at full capacity because of an injury or medical condition. Here are some examples: No Heavy Lifting Injuries often occur when workers lift, carry, push, and pull heavy or awkward objects. With lifting, it’s not about weight; it’s about effort. Avoiding heavy lifting depends on various factors, including body position, the amount of weight being lifted, the frequency with which it is done, and the worker’s endurance. No Heavy Work This restriction usually prohibits significant physical activity. You might not be able to push, squat, bend or climb too much for a while. That’s because the doctor may want to protect parts of your body from moving too much just until your physical therapy is complete. No Squatting or Kneeling If a worker has injured their knee or back, their physician could place restrictions on the amount of kneeling or squatting possible in their daily work. If an injured worker can no longer perform kneeling or squatting required for their job tasks, the employer could attempt to find new work that does not require these activities. Not Working on Uneven Ground Anyone who works outdoors, such as surveyors or construction workers, know that uneven terrain is prevalent. Walking on uneven ground can be very difficult for workers with injuries. Uneven ground can pose a significant obstacle to work in some environments, and if it is not addressed, it can lead to complex problems later on. Doing Light Work This return-to-work restriction for injured workers usually calls for minimal physical activity in standing or walking positions. You will be expected to work within a specific range of motion. A physician may recommend rest breaks to limit physical strain and overuse. Doing Modified Work If you experience an injury or impairment that affects your ability to perform a typical job, your physician may recommend modified work. This can be an alternative to time off and disability. Often this includes transferring or changing the standing or sitting position to a more flexible, pain-free arrangement. Doing Sedentary Work When workers return to their place of employment, they should be aware that standing and walking away from an adjustable height desk can take its toll. Utilizing a seat aid to make this transition easier is an option. Alternatively, the worker could either be provided with an individually-sized ergonomic workstation or one adjustable height desk lowered in front of a seated station. Emotional Restrictions If an injured worker has a job that involves significant risk or stress, the employer should make reasonable accommodations to reduce the risk to an acceptable level. An injured worker does not need to do an entirely stress-free job. However, an employer should avoid placing them in a situation that is likely to cause pain or aggravate the worker's injury. What If You Don’t Feel Like Getting Back to Work? Not every injury victim feels completely fine after being treated by their doctor, and they may feel that they are unable to work or perform the same tasks they used to do before the accident. If this is how you feel, speak with your injury attorney about other options you can avail. If you are concerned about returning to work too soon, share this with your physician, who may be able to recommend work restrictions. Be sure to document any meetings with your health care provider related to your return-to-work status. Besides, you can also go to another doctor for a second opinion. Finally, keep in mind that when you are seeking disability benefits, you will be under a microscope by the insurance companies and their investigators. These investigators are very thorough, and any social media activity or other electronic communications could be used against you and undermine your claim. How Our New York City Personal Injury Attorneys Can Help? No matter what kind of injury you’ve sustained that has led to time off work, you deserve a fair compensation from the at-fault party. Winning your rightful damages could make all the difference between struggling financially and making it through a difficult time with your family. The insurance company will use every tactic to pay out fewer damages and keep their insurance costs down. And before they begin to poke holes in your claim, it’s a good idea to have an attorney on your side who understands the legal landscape related to personal injury claims in New York City. The personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP will look into all aspects of your claim and make sure you get the compensation you deserve. We are committed to helping our clients recover maximum financial damages while providing them with the best possible outcome. We will also advise you when you can return to work without jeopardizing your injury claim. Reach out to us today by calling 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.